How to know if you need a medical malpractice lawyer

Law Offices of Steven Zwick
Aug 05 2021

Medical malpractice occurs when a patient is hurt by a physician or other medical expert who fails to conduct their medical duties competently. Laws governing medical malpractice cases differ from state to state. However, there are some general principles and rules that apply to almost all malpractice cases. Many people often ask themselves, “Do I need a lawyer?” An experienced California medical malpractice attorney can help you to prove a medical malpractice situation for their client. The following facts may prove that you may be a victim of medical malpractice.

A Doctor-Patient Relationship Existed

There are about 20,000 medical malpractice cases filed annually. A person must prove that they had a doctor-patient relationship with the physician they are suing. It would help if you ascertained that you hired the physician and agreed to offer their services. If a physician starts treating and seeing you, it is easy to ascertain the existence of a physician-patient relationship. Typically, these questions arise when a consultant doctor does not directly treat a patient.

The Physician was Negligent

Although a person may not be satisfied with their results or treatment, it doesn’t necessarily mean their doctor is responsible for medical malpractice. The physician’s negligence must be linked to the patient’s treatment or diagnosis. If you find yourself asking, ‘Do I need a lawyer?’ and want to sue for medical malpractice, you must prove that the doctor caused the harm in a manner that a competent physician could not have caused in the same circumstances. Although the medic’s care is not needed to be best probable, it should be skillful, reasonable, and careful. The doctor’s care and skills are usually at the center of a medical malpractice case.

The Physician’s Negligence
Caused the Injury

Since most malpractice cases involve patients who were already injured or sick, there is usually a question of whether the medic’s negligence caused the injury or harm. For instance, if a patient dies after lung cancer treatment and the doctor did something carelessly, it may be difficult to ascertain that the patient died due to negligence instead of cancer. The complainant must prove without reasonable doubt that the physician’s incompetency directly led to the injury. Typically, the complainant must have a medical professional to ascertain that the medic’s negligence led to the injury.

Lastly, the patient cannot claim compensation if they did not suffer any harm or injury. A complaint can sue for physical pain, extra medical bills, mental anguish, lost earning and work capacity, and death. The above factors can help you to determine whether you need a medical malpractice lawyer to file the lawsuit for you. If you still find yourself asking, “Do I need a lawyer?” Reach out to Zwick Law today!